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Default. The notice shall be effective when placed in the United States <br />mail, first class mail, postage prepaid, by registered or certified mail - <br />return receipt requested, to the address set forth in Paragraph (8) herein; <br />(2) Commence an appropriate legal or equitable action to enforce <br />performance of this Agreement; <br />(3) Exercise any other rights or remedies which may be otherwise <br />available under law; <br />(d) The DMS may terminate this Agreement for cause upon such written notice <br />as is reasonable under the circumstances. Cause shall include, but not be limited <br />to: misuse of funds, fraud, lack of compliance with applicable rules, laws and <br />regulations; failure to perform in a timely manner; and/or refusal by the Recipient <br />to permit public access to any document, paper, letter, or other material subject to <br />disclosure under Chapter 119, Florida Statutes, as amended. <br />(e) Non compliance with any terms of this Agreement and the Scope of Work, <br />Attachment B of this Agreement, by the Recipient shall result in termination of <br />Agreement, which will require return of the equipment to the DMS. <br />(f) Suspension or termination constitutes final agency action under Chapter 120, <br />Florida Statutes, as amended. Notification of suspension or termination shall <br />include notice of administrative hearing rights and time frames. <br />(g) In addition to any other remedies, the Recipient shall return to the DMS any <br />granted equipment or supplies which were used for ineligible purposes under the <br />program laws, rules, and regulations governing the use of the funds under the <br />program. <br />(h) This Agreement may be terminated by the written mutual consent of the <br />parties. In addition, the Recipient has the option to unilaterally terminate this <br />Agreement. Upon termination of the Agreement, either by mutual consent or <br />unilateral action of either party, all supplies and equipment shall be returned to the <br />6- <br />